State v. Evans

Sep 23, 1964
4
Reporters:
, ,
Before:
Per Curiam
Pee Cueiam.

A defendant may be tried in the Superior Court upon a warrant only when there has been a trial and appeal from a conviction by an inferior court having jurisdiction. G.S. 15-137, G.S. 15-140; *493 State v. Norman, 237 N.C. 205, 74 S.E. 2d 602. As this Court has repeatedly held, where there has been no such conviction, trial in the Superior Court upon the original warrant is a nullity. State v. Peede, 256 N.C. 460, 124 S.E. 2d 134; State v. Johnson, 251 N.C. 339, 111 S.E. 2d 297; State v. Thomas, 236 N.C. 454, 73 S.E. 2d 283. The judgment of the Superior Court is vacated and the case remanded for further proceedings as allowed by law.

Judgment arrested.